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HomeMy WebLinkAbout07-0092WILLCO ENTERPRISES, INC. IN THE COURT OF COMMON PLEASE Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. DOCKET NO. 0 '*7 - 9Z JEED, L.L.C., EJJ LIMITED PARTNERSHIP, EDWARD TUBBS and CRYSTAL TUBBS, husband and wife, and JEFFREY ROSE and BEVERLY L. ROSE, husband and wife Defendants CIVIL ACTION - LAW Pursuant to the authority contained in the Warrant of Attorney, the original or copy which is attached to the Complaint filed in this action, I appear for the Defendants and confess judgement in favor of the Plaintiff and against Defendants as follows: Principal $195,872.11 Late charges $ 282.72 Attorney's fees $ 2,500.00 Filing fees $ 55.50 Interest To be determined TOTAL $198,710.33 plus interest and any other additional costs. Attorney's fees or other fees Respectfully submitted, LAW OFFICES OF MARK K. EMERY / ff? fir/ Mark K. Emdiy, Esquire Attorney I.D. No. 72787 410 North Second Street Harrisburg, PA 17108 (717) 238-9883 DATE: December 28, 2006 Attorney for the Plaintiff WILLCO ENTERPRISES, INC. IN THE COURT OF COMMON PLEASE Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. O "l ^ 702,, l: t v c L t ?YL?.,.L DEED, L.L.C., EJJ LIMITED : CIVIL ACTION -LAW PARTNERSHIP, EDWARD TUBBS and CRYSTAL TUBBS, husband and wife, and JEFFREY ROSE and BEVERLY L. ROSE, husband and wife Defendants COMPLAINT FOR CONFESSION OF JUDGEMENT AND NOW, comes the Plaintiff, Willco Enterprises, Inc., by and through its attorney, Mark K. Emery, Esquire, and files this Complaint for Confession of Judgement as follows: Plaintiff, Willco Enterprises, Inc., is a Pennsylvania corporation with an address for conducting business at 223 Allendale Way, Camp Hill, Pennsylvania 17011. 2 4 5 6 Defendant, JEED L.L.C. is a Pennsylvania limited liability company with a registered address of 324 Market Street, New Cumberland, PA 17070. Defendant EJJ Limited Partnership is a Pennsylvania limited partnership with a registered address of 1 Silver Maple Drive, Boiling Springs, PA 17007 Defendants Edward Tubbs and Crystal Tubbs, husband and wife, are adult individuals with a residence of 100 Shirley Drive, Boiling Springs, PA 17007. Defendants Jeffrey Rose and Beverly L. Rose, husband and wife, are adult individuals with a residence of 1 Silver Maple Drive, Boiling Springs, PA 17007. On June 17, 2005, Defendants entered into and executed a Promissory Note, such Promissory Note including a confession of judgement clause. A true and correct copy to the original Promissory Note is attached and incorporated fully herein as Exhibit "A." 7. This judgement is not being entered by confession against a natural person in connection with a consumer credit transaction. 8. Judgement has not been entered on this instrument in any jurisdiction. 9. Pursuant to the Promissory Note, payment of $200,000.00 was to be paid in monthly installments of $1413.56, due on the first day of each month. 10. As of the date of filing, Defendants have failed to make the monthly payment, due and owing, for November and December, 2006. 11. As of the date of filing, Defendants have not paid late charges for months August, September, November and December, 2006. 12. Plaintiff has provided the written notice of default to Defendant, as required under the Promissory Note. I3. Amounts currently due are as follows: 1. Principal - $195,872.11 2. Late charges - $282.72 3. Attorney's fees - $2,500.00 4. Filing fees - $55.50 5. Interest to be determined 6. Additional attorney's fees to be determined. 14. Cost of suit, late charges and reasonable attorney's fees are authorized under the Promissory Note. 15. The Promissory Note is less than 20 years old. 16. Based upon the foregoing Plaintiff demands Judgement by Confession be entered against Defendants, jointly and severally, in the amount of $198,710.33. WHEREFORE, Plaintiff demands entry of Judgment against all Defendants, jointly and severally, in the amount of $198,710.33. DATE: December 28, 2006 Respectfully submitted, LAW OFFICES OF MARK K. EMERY By:?,, Mark K. Emery, Esquire Attorney I.D. No. 72787 410 North Second Street Harrisburg, PA 17108 (717) 238-9883 Attorney for the Plaintiff PROMISSORY NOTE $200,ooo.00 Mechanicsburg, Pennsylvania June 17, 2005 FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY B HEREBY, DEED, L.L.C., a Pennsylvania Limited Liability Com an OUND 5267 Simpson Ferry Road, Mechanicsburg, Pennsylvania, 17055, EJJ LIMITED M address at with an PARTNERSHIP, Edward Tubbs and Crystal Tubbs, and Jeffrey Rose and Be (herein collectively referred to as "Maker") and Beverl L. Enterprises, Inc. a Pennsylvania corporation with an address o to the order of Willco Rose , Hill, Pennsylvania, 17022 f 223 Allendale Way, Cam (herein collectively referred to, together with any successor holder f holders of this Note, the "Payee"), the principal sum of TWO HUNDRED THOUSAND ($200,000.00) DOLLARS (the "Principal"), together with interest thereon a (7.00%) percent per annum based upon a twenty-five t the rate of seven (5) year balloon payment due. (25) year amortization schedule with a five Commencing on the first day of the month after closing upon an Asset Purc Agreement dated October 23, 2004, equal consecutive and continuing on the first day of each base thereafter (the "Due Date") through the Maturity Date (as thereinafter define calendar month monthly payments of principal and interest of One Thousand F er shall make and Thirteen and 65/100 ($1413.56) Dollars, to the order of Payee at their add our Hundred above or such other address(es) as Payee may designate from time to time to ress recited Maker In the event payment is received later that ten (10) days from the Due Date t writing. late charge of five (5%) percent or Seven he Maker shall pay a make demand upon Maker for such payments ty and 68/100($70.58) Dollars. Payee does not have to and then to the principal. The principal, accr . Payments made ued and unpaid interest ion the grin first to interest other sums and costs owed to Payee by akhall b due on he principal and all closing on the Asset Purchase Agreement (the "Maturity Date,the fifth year anniversary of attached hereto is made a part hereof. ) The amortization schedule This Note is secured in part by the terms of an Asset Purchase Agreement (her "ancillary closing documents") of even date herewith, by and between the arti eon the which is incorporated herein by reference and made a part hereof. P es hereto, all of Each of the following shall be an Event of Default hereunder. (i) any payment due hereunder is not paid within fifteen (15) days from the date of writt en notice of de which may not be made until fifteen (15) days following the due date (ii) and Event of Default occurs under any of the ancillary closing documents (iii) an man d for cure, Code or any law of the United States or of any state relating to any proceedings under the Bankruptcy g o insolvency, receivership or debt adjustment are instituted by or against Maker, (iv) a trustee or receiver is appointed for all or any part of the Property and such appointment shall not have been vacated within sixty (60) days thereafter, or (v) Maker shall make an assignment for the benefit of creditors or become insolvent. Upon and Event of Default, Payee, as their option, in addition to all their rights and remedies contained in the Asset Purchase Agreement and Installment Sales Contract or available at law or in equity, may declare immediately due and payable the entire outstanding balance of principal and accrued and unpaid interest, together with all other charges to which Payee may be entitled under this Note and/or the ancillary closing documents. If this Note is so accelerated or any amounts due hereunder are not paid on the Maturity Date or when sooner due, all amounts due hereunder shall, after such acceleration or Maturity Date as the case may be, bear interest at a rate which shall equal the rate of Interest, plus two (2%) percent (the "Default Rate") until paid. The outstanding balance of principal due hereunder may be prepaid in whole or in part at any time prior to the maturity date. Any such prepayment, in whole or in part, shall not be subject to penalty or premium. Maker agrees to pay all charges (including reasonable attorneys' fees) of Payee in connection with the collection and/or enforcement of this Note or the ancillary loan documents or in protecting or preserving the security for this Note, whether or not suit is brought against Maker. The failure of Payee at any time to exercise any option or right hereunder shall not constitute a waiver of Payee's right to exercise such option or right at any other time and may not be used as argument for such. Maker hereby jointly and severally waives presentment, demand, notice, protest and all other defenses generally except the defenses of payment and/or performance. This Note shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania. If any provision of this Note is held to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of this Note shall remain in full force and effect. In the event that Payee shall ever receive from Maker payment of interest in an amount which would be prohibited by applicable law, such amount that would be prohibited interest shall be applied to the reduction of the unpaid principal balance and not to the payment of interest. Time is of the essence with respect to all of Makers' obligations and agreements under this Note. CONFESSION OF JUDGEMENT - UPON AN EVENT OF DEFAULT, THE UNDERSIGNED DOES HEREBY IRREVOCABLY AUTHORIZE AND EMPOWER ANY PROTHONOTARY, CLERK OR ATTORNEY OF ANY COURT OF RECORD WITHIN PENNSYLVANIA OR ELSEWHERE TO APPEAR FOR AND ENTER JUDGMENT AGAINST HIM/HER/THEM, JOINTLY OR SEVERALLY, FOR THE UNPAID PRINCIPAL SUM DUE HEREUNDER, TOGETHER WITH ALL ACCRUED AND UNPAID INTEREST, IF ANY, AND ALL OTHER CHARGES OR SUMS DUE HEREUNDER, TOGETHER WITH A REASONABLE ATTORNEYS' COMMISSION FOR COLLECTION, WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OF ERRORS, WITHOUT STAY OF EXECUTION; AND THE UNDERSIGNED ALSO WAIVES THE RIGHT OF INQUISITION ON ANY REAL ESTATE THAT MAY BE LEVIED UPON TO COLLECT THE NOTE, AND DOES HEREBY VOLUNTARILY CONDEMN THE SAME, AND AUTHORIZE THE PROTHONOTARY TO ENTER UPON THE WRIT OF EXECUTION SAID VOLUNTARY CONDEMNATION; AND FURTHER AGREES THAT SAID REAL ESTATE MAY BE SOLD ON A WRIT OF EXECUTION, AND THE UNDERSIGNED HEREBY WAIVES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREINAFTER TO BE PASSED. IF COPIES OF THIS NOTE, VERIFIED BY AFFIDAVIT OF THE HOLDER HEREOF OR SOMEONE ON THE HOLDER'S BEHALF, HAVE BEEN FILED IN SUCH ACTION, IT WILL NOT BE NECESSARY TO FILE THE ORIGINAL OF THIS NOTE AS A WARRANT OR ATTORNEY. THE AUTHORITY AND POWER TO APPEAR FOR AND ENTER JUDGMENT AGAINST THE UNDERSIGNED WILL NOT BE EXHAUSTED BY THE INITIAL EXERCISE OF THE AUTHORIZED POWER, AND THE POWER MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER DEEMS NECESSARY OR DESIRABLE AND THIS INSTRUMENT OR A COPY HEREOF SHALL BE A SUFFICIENT WARRANT. THE PRECEDING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY, PROTHONOTARY OR CLERK TO CONFESS JUDGEMENT AGAINST THE UNDERSIGNED. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT, THE UNDERSIGNED HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, AFTER CONSULTATION WITH LEGAL COUNSEL OF HIS/HER/THEIR OWN CHOOSING, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS HE/SHE/THEY HAS OR MAY HAVE TO PRIOR NOTICE, AND AN OPPORTUNITY FOR PRIOR HEARING UNDER THE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA AND ALL OTHER APPLICABLE JURISDICTIONS. THE UNDERSIGNED UNDERSTANDS THE MEANING AND EFFECT OF THE WARRANT OF AUTHORITY TO CONFESS JUDGMENT CONTAINED IN THE FOREGOING PARAGRAPHS. SPECIFICALLY, THE UNDERSIGNED UNDERSTANDS AMONG OTHER THINGS, THAT (I) THE UNDERSIGNED IS RELINQUISHING THE RIGHT TO HAVE NOTICE, AN OPPORTUNITY TO BE HEARD, AND THE RIGHT TO HAVE THE BURDEN OF PROOF OF DEFAULT REST ON PAYEE PRIOR TO THE ENTRY OF JUDGEMENT, (II) THE ENTRY OF JUDGEMENT MAY RESULT IN A LIEN ON THE UNDERSIGNED'S PROPERTY, AND (III) THE UNDERSIGNED'S PROPERTY MAY BE TAKEN TO PAY THE PRINCIPAL AMOUNT, INTEREST, LATE CHARGES, COSTS AND ATTORNEYS' FEES AS PROVIDED ABOVE. TO THE EXTENT PERMITTED BY LAW, ACTING UNDER REPRESENTATION OF COUNSEL, THE UNDERSIGNED HEREBY IRREVOCABLY WAIVES ANY DUE PROCESS RIGHTS TO PREJUDGMENT NOTICE AND HEARING AND/OR POST SEIZURE RELIEF ARISING IN CONNECTION WITH, OR IN ANY WAY RELATED TO, PAYEE'S RIGHT TO CONFESS JUDGMENT AGAINST THE UNDERSIGNED AS HEREIN PROVIDED, AND THE UNDERSIGNED ACKNOWLEDGES AND UNDERSIGNED THAT BY WAIVING THESE RIGHTS, THE UNDERSIGNED HAS CONSENTED TO ALLOW THE PAYEE TO ENTER A COURT JUDGMENT AGAINST THE UNDERSIGNED AND TO SEIZE THE UNDERSIGNED'S PROPERTY WITHOUT PRIOR NOTICE OR HEARING IN ORDER TO SATISFY THE OBLIGATIONS OWED BY THE UNDERSIGNED TO THE PAYEE. THE UNDERSIGNED HEREBY KNOWINGLY AND IRREVOCABLY WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE, OR OTHERWISE INVOLVING, THIS NOTE. THE UNDERSIGNED FURTHER IRREVOCABLY CONSENTS TO THE JURISDICTION AND VENUE OF ANY STATE OR FEDERAL COURT SITTING IN OR FOR DAUPHIN COUNTY, PENNSYLVANIA. IN WITNESS WHEREOF, and intending to be legally bound Maker has caused this Note to be executed and delivered on the date first written above. MAKER: Edward Tubbs Cryst4Tbs6g? Je ey os Beverly L. Rose JEED, LLC. 1?? EXPLANATION OF RIGHTS A. I/We clearly and specifically understand that by signing the foregoing Promissory Judgment Note dated even date herewith in the amount of Two Hundred Thousand Dollars and 00/100 Cents (the "Note"), payable to Willco Enterprises, Inc. (hereinafter the "Holder") which contains a confession of judgment clause: 1. I/We will authorize the Holder to enter a judgment against me in Holder's favor which will give the Holder a lien upon any real estate which I may own, including my home. 2. INVe will give up the right to any notice or opportunity to be heard prior to the entry of this judgment on the records of the court. 3. I/We will agree that the Holder can enter this judgment without any proof of nonpayment or other default on my part. 4. I/We will subject all of my property, both personal property and real estate, to execution (and sheriffs sale) pursuant to this judgment prior to proof of nonpayment or other default on my part. 5. I/We will be unable to challenge this judgment, should the Holder enter it, except by a proceeding to open or strike the judgment; and such a proceeding will result in attomeys' fees and costs which I will have to pay. 6. I/We know and understand that it is the confession of judgment clause in the Note which gives the Holder the rights enumerated above. B. IF INVE DO NOT SIGN A NOTE WHICH CONTAINS A CONFESSION CLAUSE INVE UNDERSTAND INVE WOULD HAVE THE FOLLOWING: 1. The right to have notice and an opportunity to be heard prior to judgment. 2. The right to have the burden of proving default rests upon the Holder before my property can be exposed to execution. 3. The right to avoid the additional expense of attorneys' fees and costs incident to the opening or striking off a confessed judgment. C. I/WE fully and completely understand these rights which INVE have received prior to signing the Note and am clearly aware that these rights will be given up, waived, relinquished and abandoned if INVE sign the Note. Nevertheless, INVE freely and voluntarily choose to sign the Note, my intention being to give up, waive, relinquish and abandon my known rights (as described in Paragraph B above) and subject myself to the circumstances described immediately above. D. I hereby certify that I, a signatory to the Note, which has a confession of judgment clause, have earnings of $10,000.00 or more per year. WITNESS: i I HAVE READ THIS ENTIRE FORM AND FULLY UNDERSTAND ITS CONTENTS By: Edward Tubbs By:_ Crystal 4ubbs By: eff, yA e - By. E' veriy L. Rose JEED, !.LC EJJ IMI ,PARTNERSHIP B WITNESS/ATTEST EJJ LIMITED PARTNERSHIP By: 1 CERTIFICATE OF SERVICE AND NOW, this 28 h day of December, 2006, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Complaint for Confession of Judgement by mailing a true and correct copy via United States first class mail, addressed as follows: DEED, LLC 324 Market Street New Cumberland, PA 17070 EJJ Limited Partnership 1 Silver Maple Drive Boiling Springs, PA 17007 Edward Tubbs 100 Shirley Drive Boiling Springs, PA 17007 Crystal Tubbs 100 Shirley Drive Boiling Springs, PA 17007 Jeffrey Rose 1 Silver Maple Drive Boiling Springs, PA 17007 Beverly L. Rose 1 Silver Maple Drive Boiling Springs, PA 17007 LAW OFFICES OF MARK K. EMERY By: ?'o Mark K. mery VERIFICATION I, Calvin Williams, President of Willco Enterprises, Inc. hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 7 do'e;??'Z' - Calvin Williams, President DATE: /'2- - 'A / - Flo ` , : un vo lb WILLCO ENTERPRISES, INC Plaintiff V. JEED, L.L.C., EJJ LIMITED PARTNERSHIP, EDWARD TUBBS and CRYSTAL TUBBS, husband and wife, and JEFFREY ROSE and BEVERLY L. ROSE, husband and wife Defendants IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 07-92 : CIVIL ACTION - LAW PRAECIPE TO WITHDRAW WRIT OF EXECUTION TO THE PROTHONOTARY: 4 r-1, r co ? w Kindly withdraw the Writ of Execution issued against Defendants Jeffrey Rose C.4 and Beverly L. Rose. DATE: March 4, 2010 Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff ?i mM __0 F; Ern C? o ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAPRA -+-? :? M n -n CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION .rr T c-> Caption: W i l l c o Enterprises, Inc ® Confessed Judgment tv Y ' ? Other cl? vs JEED, LLC., EJJ Limited Partnership, Edward Tubbs, Crystal Tubbs, Jeffrey Rose and Beverly C. Rose File No. 0 7 - 9 2 Amount Due $198,710-33 Interest $ 35,767.00 Atty's Comm $ 400.00 Costs $ 174.00 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as anunded; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County County, for debt, interest and costs, upon the following described property of the defendant (s) All personal property, including vehicles owned by Defendants Jeffrey Rose and Beverly C. Rose located at *??y5,`() 1 Silver Maple Drive, Boiling Springs, PA 17007 p? PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (a) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date Signature: Print Name: Mark K. Emery, Esquire *A4 00 - PO ATh Address: 410 North Second Street la. 50 CBS' C2.50 to Harrisburg, PA 17101 ?((o. DO P-0 ATYY Attorney for: Plaintiff Telephone: U-00 pueCo •50 W, 717-238-9883 Supreme court ID No: 7 2 7 8 7 MW XA33 wr'if aPc fc4l„8.1 A' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-92 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Willco Enterprises Inc. Plaintiff (s) From JEED, LLC., EJJ Limited Partnership, Edward Tubbs, Crystal Tubbs, Jeffrey Rose and Beverly C. Rose (1) You are directed to levy upon the property of the defendant (s)and to sell All personal property, including vehicles owned by Defendants Jeffrey Rose and Beverly C. Rose located at 1 Silver Maple Drive., Boiling Springs, PA 17007. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $198,710.33 Interest $35,767.00 Atty's Comm % $400.00 Atty Paid $46.00 Plaintiff Paid Date: 2/19/2010 L.L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothon tary (Seal) By: Deputy REQUESTING PARTY: Name Mark K. Emery, Esq. Address: 410 North Second St. Harrisburg, PA 17101 Attorney for: PLAINTIFF Telephone: 717-238-9883 Supreme Court ID No. 72787 F M-O E rlp ?,, 1-il Y IN THE UNITED STATES BANKRUPTCY COURT ??l 2 P 2? ??J FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 10 CUM IN RE: vtOUN1Y JEFFREY L. ROSE CHAPTER 7 PENNSYLVANIA and BEVERLY L. ROSE, CASE NO.: 1-10-00700 Debtors JEFFREY L. ROSE, (LIEN AVOIDANCE) and BEVERLY L. ROSE, Movants CEFMFfED FROM THE RECC7RO this 7 - V. day of 201 o Clerk, U.S. :, 4 y C;li r, t WILCO ENTERPRISES, INC., Respondent e'er ..-.- Deputy Cier1k ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtors, Jeffrey L. Rose and Beverly L. Rose, to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Wilco Enterprises, Inc. in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-00092 is avoided and declared void as to all of the real property located at 1 Silver Maple Drive, Boiling Springs, Cumberland County, Pennsylvania owned by the Debtors in that it impairs an exemption claimed by the Debtors ;in such real property to which the Debtors would otherwise be entitled. By the Court, Date: July 26, 2010 6LA U. C?4,r Robert N. Opel, II, Bankruptcy Judge 0111) JET- U47 7y3 ed: zLt 73s0 Case 1:10-bk-00700-RNO Doc 49 Filed 07/26/10 Entered 07/26/10 14:46:47 Desc Main Document Page 1 of 1